The Deputy Postmaster-General, Sydney, has reported that an authority given under section 8 of the Post and Telegraph Act 1901 over the signature of Senator Findley, Acting Postmaster-General, to institute proceedings in any court of com-petent jurisdiction in New South Wales in the name of the Postmaster-General has been questioned in court.

The Secretary, Postmaster-General's Department, desires advice as to whether the authority can be given by the Acting Postmaster-General.

Section 8 of the Post and Telegraph Act 1901 -1912 provides that:

In relation to any particular matters State or District the Postmaster-General may by writing under his hand delegate any of his powers under this Act (except this power of delegation) so that the delegated power may be exercised by the delegate with respect to the matters specified or the State or District defined in the instrument of delegation, but every such delegation shall be revocable at the pleasure of the Postmaster-General.

By section 3 of the Act, 'Postmaster-General' means the Minister of State for the Commonwealth charged with the administration of the Act, and by section 17 of the Acts Interpretation Act 1901 'Minister of State' means one of the King's Ministers of State for the Commonwealth.

In the Constitution it is provided by section 64 that the Governor-General may appoint officers to administer such Departments of State of the Commonwealth as the Governor-General in Council may establish, such officers to hold office during the pleasure of the Governor-General and to be the Queen's Ministers of State for the Commonwealth.

Reading the sections together, it follows that for the purpose of carrying out statu-tory powers and functions imposed on a Minister, a Minister of State for the Com-monwealth means the Minister appointed by the Governor-General to administer one of the Departments of State of the Commonwealth as a responsible Minister of the Crown, and that in section 8 of the Post and Telegraph Act 1901-1912 Postmaster-General means the Minister of State appointed by the Governor-General to administer the Postmaster-General's Department.

Although there is nothing on the file to show it, I presume that Senator Findley was not appointed by the Governor-General to be Acting Postmaster-General, but was merely so appointed by the Cabinet.

If such was the case, then as Senator Findley was not appointed by the Governor-General to administer the Postmaster-General's Department, he is not, in my opinion, a Minister of State or the Postmaster-General within the meaning of section 8 of the Post and Telegraph Act 1901 -1912.

In my opinion, a delegation under section 8 of the Post and Telegraph Act 1901-1912 signed by Senator Findley, as Acting Postmaster-General, would not be a valid delegation.

[Vol. 11, p. 61]